8 U.S.C. § 1625 — Authorization for verification of eligibility

Page 575 TITLE 8—ALIENS AND NATIONALITY § 1631 Act of 1996, Pub. L. 104–193, see section 5308 of Pub. L. 105–33, set out as a note under section 1612 of this title. Amendment by sections 5562, 5563, and 5581(b)(3) of Pub. L. 105–33 effective as if included in the enactment of title IV of the Personal Responsibility and Work Op- portunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5582 of Pub. L. 105–33, set out as a note under section 1367 of this title. § 1623. Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education bene- fits (a) In general Notwithstanding any other provision of law, an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political sub- division) for any postsecondary education ben- efit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resi- dent. (b) Effective date This section shall apply to benefits provided on or after July 1, 1998. (Pub. L. 104–208, div. C, title V, § 505, Sept. 30, 1996, 110 Stat. 3009–672.) Editorial Notes CODIFICATION Section was enacted as part of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropria- tions Act, 1997, and not as part of title IV of the Per- sonal Responsibility and Work Opportunity Reconcili- ation Act of 1996 which comprises this chapter. § 1624. Authority of States and political subdivi- sions of States to limit assistance to aliens and to distinguish among classes of aliens in providing general cash public assistance (a) In general Subject to subsection (b) and notwithstanding any other provision of law, a State or political subdivision of a State is authorized to prohibit or otherwise limit or restrict the eligibility of aliens or classes of aliens for programs of gen- eral cash public assistance furnished under the law of the State or a political subdivision of a State. (b) Limitation The authority provided for under subsection (a) may be exercised only to the extent that any prohibitions, limitations, or restrictions im- posed by a State or political subdivision of a State are not more restrictive than the prohibi- tions, limitations, or restrictions imposed under comparable Federal programs. For purposes of this section, attribution to an alien of a spon- sor’s income and resources (as described in sec- tion 1631 of this title) for purposes of deter- mining eligibility for, and the amount of, bene- fits shall be considered less restrictive than a prohibition of eligibility for such benefits. (Pub. L. 104–208, div. C, title V, § 553, Sept. 30, 1996, 110 Stat. 3009–681.) Editorial Notes CODIFICATION Section was enacted as part of the Illegal Immigra- tion Reform and Immigrant Responsibility Act of 1996, and as part of the Omnibus Consolidated Appropria- tions Act, 1997, and not as part of title IV of the Per- sonal Responsibility and Work Opportunity Reconcili- ation Act of 1996 which comprises this chapter. § 1625. Authorization for verification of eligibility for State and local public benefits A State or political subdivision of a State is authorized to require an applicant for State and local public benefits (as defined in section 1621(c) of this title) to provide proof of eligi- bility. (Pub. L. 104–193, title IV, § 413, as added Pub. L. 105–33, title V, § 5307(a), Aug. 5, 1997, 111 Stat. 602.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective, except as otherwise provided, as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5308 of Pub. L. 105–33, set out as an Effective Date of 1997 Amendment note under section 1612 of this title. SUBCHAPTER III—ATTRIBUTION OF INCOME AND AFFIDAVITS OF SUPPORT § 1631. Federal attribution of sponsor’s income and resources to alien (a) In general Notwithstanding any other provision of law, in determining the eligibility and the amount of benefits of an alien for any Federal means-test- ed public benefits program (as provided under section 1613 of this title), the income and re- sources of the alien shall be deemed to include the following: (1) The income and resources of any person who executed an affidavit of support pursuant to section 213A of the Immigration and Na- tionality Act [8 U.S.C. 1183a] (as added by sec- tion 423 and as amended by section 551(a) of the Illegal Immigration Reform and Immi- grant Responsibility Act of 1996) on behalf of such alien. (2) The income and resources of the spouse (if any) of the person. (b) Duration of attribution period Subsection (a) shall apply with respect to an alien until such time as the alien— (1) achieves United States citizenship through naturalization pursuant to chapter 2 of title III of the Immigration and Nationality Act [8 U.S.C. 1421 et seq.]; or (2)(A) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as pro- vided under section 1645 of this title, and (B) in the case of any such qualifying quarter cred- itable for any period beginning after December 31, 1996, did not receive any Federal means- tested public benefit (as provided under sec- tion 1613 of this title) during any such period.